630b

The public in general, including elected and non-elected officials, may file a complaint with the Office of the Election Comptroller for apparent violations of this chapter and the regulations promulgated thereunder. These complaints shall be sworn and based on the individual’s own and personal knowledge. Such complaints shall be filed along with any document that in the judgment of the complainant supports the allegations of the complaint, if any. Once these requirements are met, the Board of Election Comptrollers may submit for evaluation, if it deems there is a basis therefor, a copy of the complaint and any attachment thereto to the corresponding Audit Division Director, who, should he/she detect any irregularity or violation of this chapter or any regulation promulgated thereunder, shall issue and submit to the Board of Election Comptrollers a report recommending the notification of an apparent violation. Provided, That the Board of Election Comptrollers shall be authorized to take any action within the scope of its powers, in accordance with this chapter, without the consent of the Audit Division Director.

ed, That the Board of Election Comptrollers shall be authorized to take any action within the scope of its powers, in accordance with this chapter, without the consent of the Audit Division Director. If the Board of Election Comptrollers determines that a violation exists after examining the report, it shall determine whether or not an order to show cause, stating the reasons why the case should not be referred to the Secretary of Justice or any other agency, shall be issued; an administrative fine should not be imposed; a stop payment order should not be issued, upon a judicial order; a judicial action to address and stop the violation should not be initiated; or any other action deemed pertinent. The notification shall provide the term within which the respondent shall answer or submit a brief stating his/her position on the complaint. Once this requirement is met, the procedure established in § 630a of this title shall be followed. History —Nov. 18, 2011, No. 222, § 11.002; renumbered as § 10.002 and amended on Dec. 19, 2014, No. 233, § 76.